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TRI-WEELY DITIN INSBRO C JNE 8 195.ESTABLISHED 1844.
WON BYHE STATE.
JUDGE GOFF TURNED DOWN.
t
The 18estralning Act in- the Registra- e
tion Matter Improperly Granted
Judge Hughes' Individual
Opinion. t
The celebrated South Caroliza re- I
gistration case was decided in the Uni- t
ted States Circmt Court of Appeals at
Richmond, Va. on Tuesday. The
t
State wins, Judge Goff's famous in- 1
junction is dissolved, and the original
bill -nilI be dismisse. The decision
of the court was announced by
Jndge Hughes and an outline t
of the court's position was given. t
Judge Hughes suomitted a strong indi- I
vidual opinion, and the order reversing t
Judge Goff was 4nterea at once. None <
of the counsel who took part in the ar
gument were present. Judge Huehes, e
in announcing the court's decision, <
said : "This case was heard by the t
Chief Justice, Judge Seymour and my- 1
self, on Friday last. We thought it t
was of a character to call for an early E
decision,- and it was determined, t
after adjournment on Friday, that the I
decision should be announced to-day
-a decree -entered. The case was
exhaustively argued at the bar, and
nothing. can be gained by waiting a
firther time for the examination of
briefs.. We are of the opinion that the
injunction which was granted in the
case ought to be dissolved and the bill
dismissed. A decree to that effect will .
be entered at once. The opinion of the
court on the important questions pre
sented by the record will be prepared
by the Chief Justice and filed and re
ported as soon as practicable. Mean
time,. a brief statemept of the grounds
of the decision prepared by the Chief
Justice is now filed."
The Chief Justice expresses himself
as follows: "The judiciary act of
March 3, 1891, contemplates prompt de
cision on appeals such as this, and as
we'<ainot give extended expression to
our views -at this time we content our
selves with a brief statement of our
conclusions.
"Under section 7 of that act, where,
upon a hearing in equity in a Circuit
Court, an injunction is granted or con
tinued by an interlocutory order or de
cree, in a cause in which an appeal
from a final decree may be taken, under
the provisions of this act, to the Cir
cuit Court of Appeals, an appeal may
- be taken from such interlocutory order
-o'r decree-granting or continuing such
injunction to the Circuit Court of Ap
* peals.
V
"By section'tivfe, appeals or writs of
error may be taken to the Supreme
Coit 'in any case in which the consti
tution r law of a State is claimed to be
in contrkae'tion of the constitution of J
the United States,' but although the
0
constitutio ality -of a State law may
be 'drawn iuestion in the Circuit
Court, yet if case may be disposed
of on other.groan ,not involving the i
validity of such lai, we think this
court has jurisdiction on, appeal. Car
ry vs. railway company, 150 United
--- States 170: United States vs. John, c
155 United States 109. -If in the e
instance of appeals from interlocutory e
orders on consideration it shinild ap
pear that the question of the consti
tutionality of the law is controlling and d
must-be decided, the cause can be re- e
manded to the Circuit Court that ap
plication to the Supreme Court for cer
tiorari may be made. American Con
struction Company vs. Railway Com-.
Dany, 148 United States, 372. In this
case the bill of complaint challe7 ged
the constitutionality of certain laws of
South Carolina, but the question was
raised on the threshold whether thet
case was one of equitable cognizance,
and this being so, we sustain the
.jurisdiction and over-rule the motion to
dismiss.
"The jurisprudence of the Unitedd
S tates has always recognized the dis
tinci on between law and equity, as un
der the constitution matter of substance0
as well as of form has procedure. Catere
vs.~Allen 140, United States 451; Missis
sippi Mills vs. Cohen 150, United Statesb
202, 205.
S"It is well settled that a .Court of
*Chancery is conversant only with ques- ~
- tions of property and the maintenance
of civil rights. The court has no juris
diction. iu matters of a political nature' d
or to itntefere with the duties of any de-n
partment of government except underb
special circumstances and when neces
sary for the protection of rights of prop
erty, or in matters merely criminal or
merely informal, which do not affect
any right of property. In Sawyer 124,
United States 200. Fletcher vs. Tuttle
- 15!, 111, 41; Hardesty vs. Taft 23, Mary '
land 513; ex-parte Lumsden, South
Carolina, 10 E. Rep. 710.
"The equitable powers of the court
* an only be invoked by the presenta
tion of gase of equitable cognizance, 4
and there c'i-be no such case in the L
Federal Courts 'where there is a plain ~
* and adequate remedysat law, nor does
illegality alone afford ground for equita
ble interference. Shielt'n vs. PlattS
139, United States 591.
"Tested by these principles the bill
of complaint cannot be maintained, for
it asserts no threatened infringement t
of rights of property or civil rights, e
and no adequate ground for equity in
terposition. Being oi this opinion thec
rest raining orders must be reversed,
and the cause remanded with directions ~
Sto~ dismiss the bill."
The opinion filed by Judge Hughes p
is an exhaustive treatmnent of the ques- d
* tion raised in the case. The other il
judges who sat have not had an oppor- t:
tunity to see the paper, so Judge s
Hughes is solely responsible for it. n
JUDGE BUGHEs' OPINION.
* Judge Hughes' opinion in the South c
Carolina case is in part as follows. p
Th~e Judge gives a careful review of the v
record, and continuing, says: g
"There is nothing in -the record to P
.show that the complainant is man of1
color, or th'at those for whom he sues
- are colored persons. The bill contains a
no allegation that the provisions of law a
complained of were devised against the
complainant or those for whom he sues r
on account of their race, color, or pre- ~
vious condition of servitude. There is
nothing in the averments of the bills
from which it may naturally, or must
necessarily be inferred that the com
plainant and those for whom he sues
are citizens of color. There are no a
averments in the bill which show that
the case falls within the prevised of
the fifteenth amendment of the consti
tution of the United States.n
"m. Anoe the bill contain any alle
ations which raise a Federal question
inder that clause of the fourteenth
mendment which forbids a State "to
eny to any person the equal protection
f the laws." It charges that the ef
ect of the provisions of the registra
ion acts complained of is to give un
qual facilities of registration to differ
nt classes of citizens; but it does not
oint how this is so. It leaves the dis
rimination, as to the privilege of regis
ering, if there be discrimination, to in
erence and research in sources other
han its own averments. "It charges
hat the provisions of law complained
>f discriminates; but does not describe
he manner of discrimination, or define
he classes affected, pro or con; nor does
tshow that the laws complained of in
Liscriminating between classes as to the t
>rivilege of registering granted by
hem, violate the clause in the four
eenth amendment, which forbids a
tate "to deny to any person within it,
he equal protection of the laws." It
onfounds privilege with protection. i
"he bill has no reference to a Federal
lection in setting out complainants J
ase. The gravamen of the bill, con
emplates only a State election to be
eld for members of the State conven
ion to convene in August next. It is 4
Lot shown that any Federal election is ,
'be held in the State of South Caro- (
ina before November, 1S95.
"To the bill, thus.described and to
he orders of injunction granted by the t
:ourt below, in pursuance of its prayers,
everal objections are urged in behalf
tf the State of South Carolina. In what
llows I shall consider but one of
hese. In the ruling of the Circuit
,ourt, readered on circuit in this case,
t was held that the court had jurisdic
ion to restrain a county supervisor of
egistration in the performance of his
uties under the election laws of South
Farolina.
&. t
"The division of our government (
nto legislative, executive and jadicial t
lepartments. is a distinguishing feature r
f our American policy, and it is essen- e
ial to its existence that each of these
lepartments shall be independent of
he other. The division is fundamen
al and organic. It would be just as
angerous to its stability for the
udicial department to over-ride t
he others as for the legislative or
xecutive departments to do so. Hence,
ile thq right of the judiciary to pass
pon the constitutionality of the laws
s undoubted, it has that right simply
s an incident to its protection of pri
ate rights. It has not that right as a
aere means of settling abstract ques
ions; and even in the enforce
aent of private rights, it has not
he power to interfere with the discre
ion vested in the ot.her departments or
ith the exercise of the political powers
f those departments. It seems to me
hat it is a dangerous encroachment
tpon the prerogatives of the other de s
iartments of the government, if the 2
diciary be entrusted 'to exercise the
ower of 'interfering with the holding
f an election in a State. If the super
'isor of one county can be enjoined
rom the performance of the duties im
osed upon him by the election laws of t
he State from whom he holds his com- d
iission, those of the other counties can I
Le also. Thus a single citizen in each i
ounty (and in the case at bar he is not
ven a qualified voter) can enjoin an
lection throughout the entire State,
nd thus deprive thousands of their
ights to vote. If.a court has power to
o this, free elections are at an end. If
lections are improperly held, there are
ppropriate means provided by law for
uestioning their results and remedying
rrongs without the exercise of this
angerous power by the courts. A can
icate who has been defeated may con
st; a voter whose right to register
as been denied may proceed to compel
le enforcement of that right, and
ese privileges give what the Legisla
are deems sufficient protection to the
jured; but in my judgment, one citi
an cannot, under pretense of righting"
is own wrongs, disfranchise others. I
o not think that a court has jurisdic
on to interfere by injunction or other
ise with the enforcement of laws by
lcers holding and deriving their pow
s from these laws; certainly not to
ie extent in which it is attempted to
e done by this bill.
"In arriving at this conclusion I have
ot considered the question whether or
t the registration laws of South Caro
na violate the Federal constitution of
ws. I prefer to rest my opinion upon
1e ground of the independence of the
ifferent departments of the govern
ients upon the policy of interference
y the courts in question which will re
ilt in dragging them constantly into
ie arena of party politics: and upon ]
ie general principle that each depart
ent of the government and each officer
jereof, high'or low, has the right to
Iminister, according to his best judg
ent, the duties imposed upon him by
ie laws creating his office. As illustrat
ig these general principles, I refer to
ie following decisions:
"Mississippi vs. Johnson, 4 Wall,
75; Gaines vs. Thompson. 7 Wall. 347:
ouisiana vs. Jamel, 10.7 Um'id St.Rtes,
.1; Hagood vs. Southern, 117 United
;ates, 52; Ayers in re, 123 United
~ates, 443; in re Sawyer. 121 United
ates, 209..
"It is useless to cite the many cases
hich bear on the questions arising in
is case and so prorusely at the bar.
"So far as the rights of the individual
Implainant in the bill were concerned,
may have been competent for the
4urt to grant individual relief. The
ipreme Court of the United States
ie other day, granted relief from the
eyment of an income tax to the in
ividual complainant in the suit before
but it went no farther. On the au
iority of Mississippi vs. Johnson,
pra, we may assume that it would
ot have entertained a bill for en
ining internal revenue officers I
the government from collecting in
>me taxes generally. The judicial3
ower covered the right to grant indi- I
idual relief, but did not extend to the
neral power of repealing the law im
osing the tax as to the entire public.
repeat that in the case at bar it may a
ave been competent for the court to1
rant individual relief. But the billI
;ked more. It asked similar relief for
l citizens of the county situated like
2e complainant. Ii practically asked
alief for a numerous political party
rmig a portion of that people to
-hom the Legislature was solely re- I
onsible for its laws and to whom alone I
1 genius of our institutions makes
ie Legislature responsible. Moreover,
brought the court into immediate
ad active contact with party contesta
on. It made the court a controlling
ctor in party strife.
"I can imagine nothing more per- 1
icious than a direct participation by
poldics of the peoDle. The bill asked
practically that the process of registra
ion under the laws of the State should
be suspended in an entire county dur
ing the pleasure of the court, and that
ill the citizens of a county, not then
registered as voters, should be denied
the right of suffrage during that pleas
ure. It seems to me that the mere
statement of this view of the case
shows that the injunction was improv
idently granted. "I think the bill
hould be dismissed."
"DOWN WITH TYRANNY."
rhe Latest 3Manifesto of Cuban Res
olutionists.
The following manifesto was circulated in
he city of Havana. on the 11th inst.:
"Maimo Gomez. at the head of two thou
and men. entered Camaguey and was joined
y the Marquis of Santa Lucia with fifteen
iundred men. Twenty of the most promi
ient men have followed the brave leader.
[here is no hope for Spain. Remedios has
oined the expedition under Roloff. who is
vell supplied with anmmunition, etc.. and five
housand pounds of dynamite, which have
>een put in bombs of different sizes. The
anding of the expedition under Jero and
erafln Sanchez is confirmed. They have
vith them six expert powder makers and
Lynamiters. In Santa Spiritus. Province of
ianta Clara. there are six or seven bands o
Ifty to one hundred men each.
"~The challenge extended by Gen. Garrich,
hat the insurgents would get more provis
ons. has been accepted by Maceo at the head
>f seven thousand men. Maceo is burning
owns and plantations and capturing all con
evs that attempt to pass through that
outry. The lives and property of all Span
ards who love liberty, will be protected. pro
iding they do not offer assistance to the
overnment.
"If Spain had looked for a general capable
f using her army faster, she could not have
ound one to exceed Martinez Campos, who
ives his suffering soldiers no rest, who under
he burning sun of this hot climate are dying
i hunger and are without clothing. Even
he home rule party say that an armed insur
ection is indispensable to influence the gov
rnment in favor of home rule.
"The Mahon convicts are all joining the
ebels. The daily expense of the govern
aent is $150,000. Martinez Campos admits
aving lost 10.000 soldiers up to date. The
oldiers are dyinginthe streets of Manzanillo
f disease of all kinds. The people of San
iago de Cuba. Guantanimo and Baracoa are
ing of hunger.
"There are over 18,000 well armed in
urgents. Brave Spaniards, lovers of liberty.
escendants of Riego and Pinto. Hurrah for
iberty! Hurrah for Cuba! Down with the
overnment and tyranny! Hurrah for
aximo Gomez!
(Signed) "Cuban Revolutionary Party."
A MILL THAT PAYS.
t Has Made 7 Per Cent. in Three
Months.
At Huntsville. Ala.. the directors of the
)allas cotton mill have declared a semi
6nnual dividend of 3 percent on the common
tock. payable July 1st. The Dallas mills
vere built in 1892 and aside from dividends
Lave a surplus of more than $100.000. Thb
arnings for the past six months were about
per cent, out of which the 3 per cent divi-.
tend is paid and the remainder.passed to
he surplus fund. The directors have almost
ecided to build a $600,000 addition.
untsville is the largest cotton manufactur
ng city in Alabama.
TE(iRAPH11IC TICKS.
The KnoxviJ!-. Tenr.., Iron Company has
posted notice of an irorease oi 10 oer cer
of the wages of all employer.
The shops and round house of the Santa
Fe Railroad. at Arkansas City, with many
engines. were burnedl to the ground. Loss
$50.000 to 200.000.
Eight briek 4tores. five frame stores, the
Episcopal Church and two residences were'
burned at Washingztoo. G.. Wedlnesday
nighr. Thbe loss is $40.000.
J. R. Holland. who embezzled some $95,
000 from the Merchants and Farmers National
bank of Charlotte. N. C.. of which bank he
was eashier, plead guilty and was sentenced
to seven years in the Alb'any penitentiary,
with labor not too hard on account of his
poor health.
Juidge . ;on. the new Attorney Genernl
arrived in Wa-hington Tuesday morning and
proceeded to the State Department where he
took lis: .athi of fiee as head of the Depart
ment of Justien h-.-fore Justice Harlan. 'of the
uipreme~ Court. Hit' welcome wvat a bearty
onie fromn alP h:nd..
At St. Louit. Mie:.. Mrs. Herman Becker.
ged thirty-Mu>r ..-ears. killed her two chil
ren. a boy and "iri ag~ed four and five, and
:hen .'ommnitted. duce It is claimed that
S1rt. Becker -~ iot o' sound mind. She
Feft a letter .saying that she wa.a sick and
o were th" chidren' ami they must die.
Presidlent De&. ol' the A. R. U.. has re
ported to Unit'- S.talte Matrshal Arnold at
hicago. for mn"-:a'l to jil to serve the re
ainer: of hw; -ute~ac" 'or contempt of
Lourt. K.eith:r. Howard. Rogers. Elliott,
Burns. Ho;;in 'ant Goodwi.n. other A. R. U.
>ficers and1 dire-tor.-. unnder' sentence with
Debs, also :-p'orted~ to the marshal. Mad
eren placed in jail to :;er'.e their terms.
At a mneetit:: of rho executive committee of
:he Cottoa Stat's ar':l International Exposi
ion Wedne.=daiy. it wals dlecided. owing to the
er iheavy ,mna for space which' the
nanagemiem is who'lly uinable to till. not
,vithtaid.i a. tbe lari-e proportions of four
eni bu~ildingst. to b'uild an anu x to the
nanufaturers anzd liberal arts buunding.
Cotice was recei&vedl from the .aeeretary of
iromotion of the Mexican Government that
an w.ere readyv for the Mexican exhibit,
. asking that a very large .wou~(~nt~ of spafce
e set asidt for '~ ba;n r pose.
THE ADVANCE IN PKlChek.
Lhis is the Feature of the Week Ac
cording to Bradstreet's.
Bradstreet's 'Commerciai report says of
ast week : The speculative spirit which
eemed to dominate both commercial and
inancial circles until a week or ten days
>ast is still less conspicuous in all lines.
hile busiuess throughout the country may
e characterized as quite raw, the tone of
taple markets continues strong, and confi
lence in a good demand when the fall sea
ron opens next month remains unabated.
Te feature of the week, as heretofore, is
he continued long list of advances in prices,
otably those in iron and steel, and the up
yard movement of bank clearings. Higher
rices are recorded for some cotton goods,
hoes, hides, leather, paper, pig iron. steel:
;alvanizd iron. black sheets, canned goods, 1
iogs, wheat, corn, oats and some grades of
heat flour. Prices for live cattle, wool, coal
ud lumber are reported unchanged and fIrm,
rith siiver, cotton petr'telium and lard alone
Loteworthy as showing lower rprices than
ast week.
Southern cities in most Instances report
rade and colleciMons fair, with no special
hange from last week. A light gain ini de
nand is reported from Atlanta and Jackson
rille. where collections are also better. An
proved condition of' business prevails at
lew Orleans.
Failures in fou- weeks of May showed
labilities of $9,329,181; of which $3.401,876
vere of manufacturing and $5.345,308 of
rading concerns. Last year the' total was
~9.787,92, of which $4.061,692 was of manu
acturing and $4. 281.886 of trading concerns.
alures for the week have been 193 in the
Jnited States against 216 last year and 25 in
HARK, YE PEOPLE.
ANOTHER ADDRESS FROM FOUR
TEEN OF THE FORTY.
it Advises That the Action of Edge
field and Aiken as to Equal Rep
resentation be Followed and
Compromises Made.
Fourteen of the Forty met Thurs
lay night in the parlor of the Grand
Central. Hotel at Columbia. Those
present were: J. E. Ellerbe, Marion;
D. E. Finley, . ork; T. J. Kirkland,
Eershaw; T. P. Mitchell, Fairfield;
Louis AppeltClarendon;J. W. Hamel,
ancaster; Conservatives, C. E. Spen
-er, York; F. H. Weston, Richland;
Jeorge Johnstone, Newberry; J. W.
erguson, Laurens; B. H.. Boykin
Eershaw, T. H. Ketchin, Fairfield; H.
B. Richardson, Charendon; 'Henry T.
rhompson, Darlington.
As can be seen from the above only
welve counties were represented, but
etters had been received from the
embers of the committee in nearly
il of the other counties in the State,
;o that those present could act in
:elhgently and with the sentiments of
;he people of the State as reflected by
;he Forty well known of them.
It was stated that the greater part
yf their work was private. . All that
vas given out was the following ad
Iress:
THE ADDRESS.
[o the White Voters of South Carolina -
the working committee constituted -by
tuthority of the conference of Reformers
d Conservatives which met in Columbia
>n the 27th of March last, commonly known
ws tha. committee of the Forty. in view of the
,rave conditions still confronting the peo
$le of this State, deem it proper and expedi
mt to make some recommendati'rs, in furth
rance of the well knopn objects and pur
oses of its organization. We desire to call
Lttention again to the cardinal principles set
orth in the platform adopted by the conven
ion. namely : The mainteance of white
;u:-remacy "by fair constitutional methods,"
nd CC earnestly urge upon every patriotic
;on of South Carolina, without regard to
,olitical faction, the importance in this crisis
>f contributing everything in his power to
he attainment of that end. To those who
ave labored for a reunited Democracy and
he restoration of peace and unity among
he white people of the State, it is a source
>f gratification that a number of counties
iave already taken such action in regard to
he election of delegates to the Constitutional
onveution as will obviate all friction among
;he people of our race, and willtinsure the
election of men whpse undoubted qualifi
otions and lofty patriotism eminently fit
hem for the important dutiestheyhave beel
alled upon to discharge.
We cannot appeal too strongly to those
ounties which have not yet acte in this
natter, to take immediately sometteps that
will place them in line with this movement,
d "will render it general throughout the
Rtate.
The practical method of tolvin' Lhe- prob
tem is' after all. one that every county must
;ettle for itself. The time for action is very
short. The crisis that confronts us, it goes
without saying, is imminent-we believe the
white people of South Carolina fully realize
his. It is now time to act and to act now.
Thos. J. Kirkland.
Chairman.
Franis H. Weston, Secretary.
WASHINGTON LETTER.
rhe Grand-daughter of the Author ol
"Star Spangled Banner" in Hard
Luck.
Quite a little flurry of indignation has fol
Lowed the discovery that among the ninety
nine clerks dismissed from the Pension Bu
reau. in accordance with legislation enacted
by the last Congress. was Miss Elizabeth N.
Key. a grand-daughter of Francis Scott Key.
uthor of "The Star Spangled Banner." Miss
Eey has been a clerk in the bureau since
1881. has a fair record for efficiency, and is
he sole support of her mother, who is blind.
A strong effort is being made to secure Miss
Eey's reinstatment and it is believed that it
will succeed, for notwithstanding the pro
pensity of the average American to say,
there's no sentiment in business." every.
ody knows him to have a vein of sentiment
in his nature, which once aroused thorough
ly dominates his action for the time; and if
:he idea of turning out women descendants
>f the author of "The Star Spangled Banner'
: starve, or exist on the charity of the world,
ioesn't reach that vein of sentiment its outer
oating must be growing dangerously hard.
Attorney General Harmon agrees with Presi
lent Cleveland on the financial question. as
Ir Cleveland probably knew before he made
aim a member of his Cabinet. Speaking on
:he snbject Judge Harmon said : "In the
present situation it seems to me mere folly
:o talk about the free coinage of silver. The
ynly way we float the silver we now have is
v attaching an applied greenback to every
sIlver dollar--or, in other .words, by the
~oernment promising to redeem it with a
;old dollar, if necessary, to kcep the two
squal. Of cource there is a very narrow
imit to the government's ability to do that.
,esides I know of no reason why it should
lo it. If there were free and unlimited
roinage of silver the government could not
tep the two metals on a parity very long.
md the result would be. by the law of money,
:hat has been settled from the time that man
2d money. the gold would all disappear
md there would be only a silver basis."
eedless to say the silver men do not agree
rith either the Attorney General's argument
yr his conclusions.
"Flag Day" was universally observed in
lashington on Friday. by a display of the
sational colors upon buildings public and
>rivate, business and residential, and upon
;he persons of men, women and children.
's a good thing. and the Sons of the Revo
ution deserve credit for their efforts to have
he anniversary generally observed. It is
mpossible for any people to love their flag
oo much, and not a few Americans have
hown a disposition to love ours too little.
The administratson is on the eve of a sum
ner separation. The last Cabinet meeting
ias been held and Mr Cleveland. having is
ed his anti-fIllibustering proclamation, is
-eady to join his wife and family at Gray
}abies. In accordance with his usual practice
he time of his departure will not be an
tounced until after he has gone-no bull in
nle: a mere statement of fact.
President Cleveland Wml Visit the
Great Exposition.
Prsident Cleveland and all the members
of the cabinet in Washington, Secretary of
State Olney. Secretary Carlisle. Secretary
Lamont. Attorney General Harmon and
Seretar Morton, on Wednesday formally
accepted the invitation extended to them by
the Atlanta committee to visit the Cotton
States and International exposition.
.resident Cleveland, however, will not b6
i-1 Atlanta to open the exposition, as was at
first planned. but he, with the miembers ot
the cabinet. will be there on President'p
Dy-Octobr 23d.
In Brooklyn, N. Y., the trolley record is
.n9 ki-med -a more than 500 maimed.
CHARUnEu WIT1I 1UV n XUAm I.X.
State Commissioner Mixson and a Con
stable Arrested.
At Columbia on Wednesday morning
an interesting legal move was made in
the matter of the dispensary law. State
Commissioner Mixson and Liquor Con
stable Beach were arrested. The pro
ceedings were made under the special
conspiracy act of Congress, which was
referred to in the Debs case. They
are arrested upon a warrant sworn out
by two leading citizens, Messrs. Muller
and Beck, before United States Com
missioner Rei2, of Newberry. They
were charged with conspiracy to violate
the special interstate commeice act of
1890 in seizing some beer belongingto
the complainants. The commissioner
also issued a warrant for the search and
seizure of the confiscated liquor. The
prisoners were taken up for a prelimi
nary hearing. Dr. Pope appeared for
the complainants, and asked that they
be bound over for conspiracy. The
Assistant Attorney-General told the
deputy marshal to consider the seized
property in his possession for the pur
poses of this case.
The State maintains that the defen
dants cannot be held criminally liable
under this act of Congre.s.
The hearing was concluded at the af
ternoon session, Dr. Pope and Judge
Townsend both making lengthy
speeches, the former arguing that the
commissioner had jurisdiction and the
latter denying it.
Dr. Pope's spdech was a spicy one
The commissioner decided that the de
fendants were in contempt of Judge
Simonton's order of ininction, which,
he said, was now the law. and bound
Mixson over to appear before trial at
the November term of the United States
District Court in the sum of
$1,000, making the constable's bond
only half that amount.
HARMONY IS ON TOP.
The Peace Factl'on is lWinning In the
Fight.
A dispatch from Columbia says:
Laurens county isthe fourth county to
take action in the direction of "peace
and harmony." The executive com
mittee of that'county has passed resol
utions recommending that such dele
gates be sent to the constitutional con
vention as pledge themselves to sub
mit to the will of the majority of the
white voters of Laur ens county, with
out regard to their past factional
affiliations.
Since Senator Tillman has advised
the democratic execative committee of
Edgefield county to see to it that the
delegates to the convention, be divided
equally between the two factions, all
doubt as to his pasition has been re
. mviAe.Before he so advised it' was
generally noised abroad that he would
kick out of the agreenient made at the
Hemphill-Barnwell conference. His
action has given much strength to the
"peace and harmony" faction, and the
fighting element has been put very
much on the defensive. There are
some who say that this element has to
do much talking to keep its courage
up, but there is no disguising the fact
that it is backed by fighters of ex
perience with goodly - numbers of
voters behind them. Richland county
is considered the headquarters oLdh&
fighting element, but many-of the lead
ing politicans :>f the country, among
themSenator Sloan and Representatives
Patton and Weston, have signified
their~intention of comnine~ in some
equitable .agreemnent wie the refor
mers.
AN AGREEMENT.
What Governor Evans Says About the
Seizure of Liquors and the Causes.
In speaking about the seizures of
liquors which are still being made de
spite Judge Simonton's order of injunc
tion, Governor Evans on .Thursday
remarked that they had an agreement
with the revenue authorities whereby
they were to seize and hold all liquors
shipped in for private or other use
when the package was not addressed in
the name of the party purchasing it.
In regard to the cases brought by
Dr. Pope before Commissioner Reid,
Governor Evans said be would have Dr..
Pope or Reid's deputy, or anybody
else arrested as soon as they stepped
inside the dispensary to search and
seize property therein. He held that
they had no right under the law to go
that far, and he would arrest them the
same as an ordinary citizen going in
there to take up something and walk
out with it.
To The Convention.
Gov. Evans Appoints Delegates for
the Big Memphis Convention.
South Carolina is to Ibe represented
at that big bi-metallic convention to be
held in Memphis on the 12th and 13th
-Gov. Evans was regunted to appoint
ten delegates from this State and this
he has done, announcing the following
appointments:
State-at-large-Senators Tiliman
and Irby and W. D. Evans.
First Congressional D~ i s tr icet
Thomas Talbird.
Second District-W. J. Talbert.
Third District-A. C. Latimer.
Fourth District-Stanyarne Wils~on.
Fifth District-T. J. Strait.
Sixth District-Jno. L. McLaurin.
Seventh District- -J. Wmn. Stokes.
Three Boys Drowned in Lake Erie.
Three boys were drowned in Lake Erie
Sunday afternoon near the life saving sta
tion, Cleveland, Ohio, two of them in an at
tempt to save their companion. Thiey were
Mihael Sheridan, 11 years; Patrick Morris,
12 years; Emmett Sweeney, 11 years. They
were bathbing in dix feet of water, all being
good swimmers. Morris was takern with
ram'ps and Sheridan went to his' assi.tace,
but his strength gave out. Sweeney then
ateupted to resoue them, but all three be
came locked in a helpless and frenzied grip
and were drowned.
Reports from cotton planting show a re
duced acreage in Texas, Mississippi,
T oniiana and Tennessee..
PALMETTO POINTED
EVENTS ALL OVER THE STATE.
The Cotton Crop of South Carolina.
The New York Financial Chronicle
of last week had the following regard
ing the coming cotton crop in South
Carolina
In common with a large section of
the cotton belt, planting began in
South Carolina later than in 1891.
Commencing in the coast section about
the 1st of April, it gradually extended
westward and was finally completed
May 20. On some low and sandy lands
seed germinated poorly, but as a rule it
came up well. At the same time the
weather conditions have not been
favorable to the best development of
the plant, temperature having been too
low much of the time; at intervals
thete has been an excess of moisture.
High water, frost and cut worms are
the causes mentioned, rendering much
replanting necessary. It is stated that
in the more northerly portions of the
State, along the North Carolina border,
whole fields have been replanted. An
improvement in the weather uince the
beginning of the last week in May is to
be noted, and the crop is now doing
well. Stands are reported very irreg
ular, being exceptionally good in some
portions of the State and in others very
poor. The crop, however, is a late
one, and may soon show much im -
provement under the present more
satisfactory conditions. Outdloor
work has been retarded, but cnlitiva
tion is now rapidly progressing.
Acreage-Contrary to expectations
there have been additions to acreage in
some localities, but these lie in the
western portion of the State. - Else
where the tendency has been strongly
it! the op osite direction, tie reduc-.
ions beina much more than sufficient
to balance the gains, the apparent net
decrease reaching 10 per cent.
Fertilizers-It would appcar that
the takings of commercial fertilizers
have been but little more than half of
what they were in 1894. Furthermore,
the use of home-made manures has
very largely increased.
The Phosphate MIiners Strike Over.
The trouble at the Bulow Phosphate
Mine, which grew out of a strike of ihe
miners against a reduction in wages,
has been quieted. The sheriffarrested
ten of the leaders of the strike on Sat
urday and rcpaired to the scene of the
trouble with a posse composed .of a de
tachment of cavalry. Two. men were
arrested. No further trouble is antici
pated
Melon Bugs in Leihn n.
D. T. Roof, of Lexington Coun
ty, a well-to-do-farmer, has a lew sam
ples of bugs vhich are infesting his
watermelon vines. He says that they
eat the vine, and thinks that by rub
lishing the fact, that he and others who
are troubled by the bugs will be able
to find some remedy.
Executive Clemency.
Governor Evans hts pardoned Whit
ney Symmesy.-fiGrcenviur-: .' . s
couv~-' " mansianghter in Gren
ei county. -He killed Wmn. Gary-.
The pardon was reco:memded by the
Judge. members of the jury aod a num
ber of citizcas.
A Dispenser Short.
.A special to the News and Courier
from Laurens says: Expert Seruggs
investigated the local dispensary here
and closed it up. A shortage of $1 ,500
i's reported, and a new man- will be
put in.
CHARGED WITH CONSPIRACY.
StateCommissionier Mixson and a Con
stable Arrested.
At Columbia on Wednesday morning
an interesting legal move was made in
the matter of the dispensary law. State
Commissioner Misson and Liquor Con
stable Beach were arrested. The pro
ceedings were made under the special
conspiracy act of Congress, which was
referred to in the Debs case. They
are arrested upon a warrant s-vorn out
by two leading citizens, Messrs. Muller
and Beck, before United States Com
missioner Reid, of Newberry. They
were charged with conspiracy to violate
the special interstate commer ce act of
1890 in seizing some beer belunging to
the complainants. The c -mmissioner
also issued a warrant for the search and
seizure of the confiscated liquor. The
prisoners were taken up for a prelimi
nary hearing. Dr. Pope appeared for
the complainants, and asked that they
be bound ove& for conspiracy. The:
Assistant Attorney-General told the
deputy marshal to consider the seized
property in his possession for the piur
poses of this case.
The State maintains thai the defen
dants cannot be held cri'einally liable
under this act of Congre-s-.
The hearing was concladed at the af
ternoon session, Dr. Pope and .lIdge
Townsend both making lengthy
speehes, the former arguing that the
commissioner had jurisdiction and the
latter denying it.
Dr. Pope's speech was a spicy one
The commissioner decided that the de
fendants were in contem}pt Of .Indg
Simonton's order of injunction, shiebu,
he said, was no~w the law. and boimdA
Mison over to appear before trial at
the November term of thbe United States4
District Court in the sumi of
$1,000, making~ the constable's bond
only half that ,imo!nut.
Bfreaks is Arm in Throwing.
William H. Soper, a '96 dental student
from Greensbnrg, Wis., met with a curious
accident on the baseball field at Ann Arbor
MIich. He was playing in a class game, and
in making a throw home from the outfield
gave his arm a jerk that broke it near the
oat. The doctors are much puzzled as to
.how the fracture could have occurred.
The total consuu.ption of cotton in
th old is 1200000 b nae a yer
he Peace FactIon is Winning in the
Fight.
A dispatch from Columbia says:
[aurens county is the fourth coumty to
:ake action in the direction of "peace
mnd harmonv." The executive com
nittee of that county has passed resol- -
tions recommending that such dele
rates be sent to the constitutional con
rention as pledge themselves to sub
mit to theiill of the majority ,of the
vhite voters of Lani ens county, with
>ut regard to their past factional
~ffiliations.
Since Senator Tillman has 'advised
he democratic executive committee of
Edgefield county to see to it that the
ielegates to the convention be divided
equally between the two factions, all
oubt as to his pasition has - been re
moved. Before he so advised it was
generally noised abroad that he would
kick out of the agreement made at be
Heniphill-Barawell conference. His
ction has given much strength to the
"peaice and-harmony" faction, and the
fighting element has been put very
much on the . defensive. There are
some who say that this elementhas to
do much talking to keep its courage
p, but there is no disguising the fact
that it is backed by figbters of ex-.
perience with goodly numbers of
voters bebind them. Richland conuty
is considered the headquarters of the
fighting element, but many of the lead
ing politicans of the country, among
themSenator Sloan and Representatives
Patton and Weston, have signified
their intention of coming to some
eqiatable agreement with the refor*
mers.
Camlen's Cotton 3IiIL
The Charleston News and Courier's
correspondetr at Camden writes as
follows : About three years. ago the
Kershaw Cdunty Manufactaring Comr
pany was orgsnized with a capital of
$100,000. The Macee' place, about
two and a half miles from the city, on
which is one of the +est water powers
to be found anywiere,. was purchased,
and the erectionif. a mill building
and the constrncolon of a canal were
commeneoed. and pushed to a success
ful completion at a coast. of about
$80,000.
At a recent meeting of the board of -
directors it was determined to. isse
bonds to the amount of $125000 and -
to mortgage the entiresplait and prop-*
erty of -the compay to _ecure- the
debt. - This was- snccessfully acompli
shed by the en'rgetie president, Dr .
M. Zemp, the two loca'- banks each
taking $12,500 of bods. -
rresi4let Zemp has just retird
from a trip North, whdre heplaced an
order with a-New Englinlrn!fdthe I
latest improved:machiferfyr or~d
livery in August. He says that the -
mill will be fully equipped and in op
eration by the latter-part of -Septem
ber. The mill will have a capacity of
10,000 spindles and-300 looms, and
will manufacture 40-inch fine goods.
The Camden Press Brick Company,
a corporation organized about two
months ago, with a cipital stock of
$10,000, for the purpose of manufac
turing press and ornament brick. has
i5pantinyo qition and - began work
on Monday. - -
-The Five Gallon Rdlt.
A dispatch -from Columbia
The complications which seem to re
sult to the claimants .oecertain liquor
over the agreement of the State and
the.internal revenue office are being
grauany explained away. It appears'
that there 'was a misunderstandingsas
to the offcial position of Deputy
Richrson~aud his positionin regard
to certain shipments. -He explains
the status by stating that under the in
structio'ns received from -the .com
missioner of i nternm.1revenue regarding
seizures made by State constables of
packages of distilled spirits containing
less than five gallons of fermented
spirits thit arc shipped under some
other name than that known to the
trade is as follows:
'-Internal revenue ofge:-.are-dileeted not.
to intetiere 'witlismeiniless they have z'eason
to believe that the spirits contained in the
package3 were not~d Ewn fromn original tax
paid patckars. Also. .w~hen packages cn
thin live gall-ns .and upwards,. and are not
stamped, the CG.,vernment elaains.' the right to
take pO'-'esi(on of same. 'As 'requested I
herwith iniclose a copy of Soetion 8,449,
evised StattW: - -
*VWhenever any peramn s-hips, transports -.
:-r femciv'es any spirituous -o" fermented
liquor or witesunder tury othb~r tiian ihe
pro'per;:1amel or branid knriowto the trade as
desigating thec kind and quality of the eon
tets .d( the ca~ske or packages contamning
same.'or cdauses such act to be done, ho shall
frfeit said liquors or wines and casks or
packages and be subject to pay a fine of five
handred dollar~'."
. So it will be seen undier what law
the Federal Government seizes the
packages of this class.
-Under the agreement between the
de~tmeet antt the dispensary in -
nases where the p-ackage is less than
five gallons the ligno-r is turned over to
the State, and in caises where the tax is
unpaid~ and the nountof liquoris
five gallcalor overitgest the red
eral autheoiitie~
The New Parliament: --
The new 1Boman.Parliamen opeed it
more than usual display. . Te Queensio wash
enthsiatically cheered Tpnhe arrivawa
Al the iuinleter,a large num (ffleiais
eid the entire diplomati corps3ete resent.
-The King's speech ~appeailed te -patiot
m of the members'os all pertjes.to assist in
erpeditng the budget, .an'e feired the'
.pa.nthumnne metlho(I ebeived-in
th~ policy -of love. before force of adne, and
araiongethe coming~ marriage oWtheS IDuke
Arost tTrWle2 elenif, oi Orleisii. -
Th onisang Hlver 3ren.~
The instkgunagthe -fra silver,.campaign
in Lmisian,.was yd at New Orleans w'hen
the- Bimetalie Conven1tzn was opened in
Wa s-ngton 4ti Llery ttgU. .T~[he peult was
t be -ormation .of the Louliiana tunetahtic
Leage, which-hs undertaren t&og'amze
th sler forces of the Sttforawarr. . The
cnenation co'nsisted of- 2iOedelenajes of all
paries: btateand city ola hastened to
declard their alleegisies to. ~f~stand
ard. Clevland ald Celisleuned